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Disaster Management Act, 2002 (Act No. 57 of 2002)

Chapter 4 : Provincial Disaster Management

Part 3 : Powers and duties of provincial government

38. Preparation of disaster management plans

 

(1) Each provincial organ of state must—
(a) conduct a disaster risk assessment for its functional area;
(b) identify and map risks, areas, ecosystems, communities and households that are exposed or vulnerable to physical and human-induced threats;
(c) prepare a disaster management plan setting out—
(i) the way in which the concept and principles of disaster management are to be applied in its functional area, including expected climate change impacts and risks for the organ of state;
(ii) its role and responsibilities in terms of the national or provincial disaster management framework;
(iii) its role and responsibilities regarding emergency response and post-disaster recovery and rehabilitation;
(iv) its capacity to fulfil its role and responsibilities;
(v) particulars of its disaster management strategies;
(vi) contingency strategies and emergency procedures in the event of a disaster, including measures to finance these strategies; and
(vii) specific measures taken to address the needs of women, children, the elderly and persons with disabilities during the disaster management process;
(d) co-ordinate and align the implementation of its plan with those of other organs of state and institutional role-players;
(e) provide measures and indicate how it will invest in disaster risk reduction and climate change adaptation, including ecosystem and community-based adaptation approaches;
(f) develop early warning mechanisms and procedures for risks identified in its functional area; and
(g) regularly review and update its plan.

[Section (1) substituted by section 14 of Act No. 16 of 2015]

 

(2) The disaster management plan of a provincial organ of state referred to in subsection (1) must form an integral part of its planning.

 

(3)
(a) A provincial organ of state must submit a copy of its disaster management plan and of any amendment to the plan to the National Centre and the relevant provincial disaster management centre.
(b) If a provincial organ of state fails to submit a copy of its disaster management plan or of my amendment to the plan in terms of paragraph (a), the National Centre or relevant provincial disaster management centre must report the failure to the MEC responsible for disaster management in the province, who must take such steps as may be necessary to secure compliance with that paragraph, including reporting the failure to the provincial legislature.